The right of the accused to remain silent

Section: RESEARCH
Published
Aug 4, 2025
Pages
273-310

Abstract

The Code of Criminal Procedure strives to take into account the principle of compatibility between two interests: to ensure individual liberty in accordance with the principle that the origin of the accused in the innocence until proven guilty, and only through a final judicial ruling, and ensure the effectiveness of the Penal Code in the protection of social rights and interests from abuse, by implementing Through proper legal procedures. In order for the criminal procedure to achieve its objective, and based on the presumption of innocence, its rules must be governed by certain basic principles and agreed upon by all legislation, by always keeping in mind respect for the liberty of the individual. To the extent necessary to achieve the purpose of the action affecting this freedom, the public interest shall prevail over the interest of the individual in such circumstances.

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